I am Sam Hasler of Anderson, Indiana and I write this blog. This blog reflects part of my law practice. You will find a listing of articles by title on the right hand side of your screen. Nothing here substitutes for an attorney of your own or makes me your lawyer. For those needing to hire a lawyer, my contact information is below under the "About Me and My Practice" link

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Sam Hasler's Indiana Divorce &; Family Law Blog

Blog Review

Tuesday, July 21, 2009

This from Drug and Device Law'sOn Iqbal And Twombly indicates that we will now face a higher standard in pleading a Complaint in federal court.

Iqbal v. Ashcroft, __. U.S. __ (May 18, 2009) (here's a link to the decision through the Supreme Court website), came down last Monday, holding that the more rigorous pleading standards set forth in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), apply to all civil actions.

And then the implications: "Two working principles underlie our decision in Twombly. First, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. at 14. "Second, only a complaint that states a plausible claim for relief survives a motion to dismiss." Id. at 14-15.

I suggest reading all of the original post as it has a wide range of opinions on the case. My own opinion remains what I have thought long of the federal courts: they want as little business as possible.